How to Obtain Experts DEFENDING MILITARY MEMBERS WORLDWIDE Contact Us!

HOW TO OBTAIN EXPERTS

Expert witnesses can be a critical part of any court-martial. Service members have a right to confidential experts. See United States v. Turner, 28 M.J. 487, 489 (C.M.A. 1989); United States v. King, 32 M.J. 709 (A.C.M.R. 1991). Under R.C.M. 701 (f), their confidential assistance is subject to the attorney-client privilege and the work product privilege.

As a matter of military due process, service members are entitled to investigative or other expert assistance and testimony when necessary for an adequate defense, without regard to indigency. United State v. Garries, 22 M.J. 288 (C.M.A. 1986); United States v. Mustafa, 22 M.J. 165 (C.M.A. 1986); United States v. Toledo, 15 M.J. 255 (C.M.A. 1983).

In United States. Gonzalez, 39 M.J. 459, 461 (C.M.A. 1994), the Court of Military Appeals established a three-prong test that the defense must meet in order to show the necessity for expert assistance. Firstly, why the expert assistance is needed. Secondly, what the expert assistance may accomplish for the accused. Thirdly, why the defense counsel is unable to gather and present the evidence that the expert assistance would be able to develop. Id.

The defense must submit a request for expert assistance to the convening authority before trial. If it is denied, the defense may has ask the military judge to order the government to provide assistance. US v. Lee, 64 M.J. 213 (C.A.A.F. 2007).

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    For the better part of the last decade, Mr. Conway has become a nationally recognized resource on military justice. Daniel Conway is a former Marine staff sergeant and captain. He is a proud graduate of the University of Texas at San Antonio and University of New Hampshire School of Law. Mr. Conway is recently a former President of the New Hampshire Bar Association Military Law Section and a current member of the DC Bar. Mr. Conway has also written a book on Military Crimes and Defenses that is near publication with a major ...

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    A Richmond, Virginia native, Mr. Pristera graduated from Virginia Commonwealth University with a degree in Mechanical Engineering. After spending some time as a DuPont engineer, specifically working on Kevlar manufacturing and ballistics applications, Mr. Pristera attended law school at the University of New Hampshire. On July 4, 2010, Mr. Pristera was commissioned in the U.S. Army in the Judge Advocate General’s Corps. Mr. Pristera spent almost six years on active duty. He spent just over three of those years in criminal defense, ...

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    Joseph Galli Attorney

    Originally from Portland, Maine, Mr. Galli attended Elmira College in New York on a four-year Army ROTC Scholarship. At Elmira, he double majored in Business Administration and Public Affairs. Mr. Galli graduated from Elmira College in 2009 with a Bachelor of Science degree and was Commissioned as a Second Lieutenant in the United States Army. Mr. Galli began his study of the law in 2009 at the University of New Hampshire School of Law. There, he focused on litigation and honed his advocacy skills as a member of the Advanced Trial ...

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